⚖️ Landmark Case: Vishaka v. State of Rajasthan (1997)
📝 Summary:
The Vishaka case established the first legal framework against sexual harassment at the workplace in India, based on constitutional rights and international conventions.
📚 Background
In 1992, Bhanwari Devi, a grassroots social worker in Rajasthan, was gang-raped while trying to prevent a child marriage. Despite the brutality of the crime, the legal system failed her. This led to nationwide outrage and inspired a group of NGOs, under the name Vishaka, to file a Public Interest Litigation (PIL) in the Supreme Court.
India had no specific law to protect women from sexual harassment at the workplace at the time. The PIL sought guidance under constitutional provisions and international law, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
🧑⚖️ Supreme Court Verdict
The Supreme Court delivered a powerful and transformative judgment. It held:
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Sexual harassment is a violation of fundamental rights
It violates Article 14 (equality), Article 15 (non-discrimination), and Article 21 (right to life and dignity). -
In absence of legislation, the Court can issue guidelines
Until Parliament enacted a law, the Court laid down legally binding rules known as the Vishaka Guidelines, applicable across all workplaces. -
Employers have a duty to prevent and redress harassment
The guidelines mandated that every organization must have an Internal Complaints Committee (ICC) to address grievances and ensure a safe work environment.
🧠 Significance
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This was the first legal recognition of sexual harassment as a human rights violation in India.
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Set the foundation for the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
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Encouraged gender-sensitive reforms in HR policies and workplace culture.
🧩 Conclusion
The Vishaka judgment became a landmark moment in India’s journey toward gender justice. It used constitutional principles and global human rights norms to fill a dangerous legal vacuum—ensuring women the right to work with dignity and safety.